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SMITH v. WEST

No. 04-CV-0413(VEB).

640 F.Supp.2d 222 (2009)

William SMITH, Petitioner, v. Calvin WEST, Superintendent of Elmira Correctional Facility, Respondent.

United States District Court, W.D. New York.

August 7, 2009.

Attorney(s) appearing for the Case

William A. Smith, Elmira, NY, pro se.

Shawn P. Hennessy, Erie County District Attorney's Office, Buffalo, NY, for Respondent.

DECISION AND ORDER

VICTOR E. BIANCHINI, United States Magistrate Judge.

I. Background

Pro se petitioner William Smith ("Smith" or "petitioner") has filed a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254, seeking release from state custody on the basis that his judgment of conviction following a jury trial on two counts of Robbery in the First Degree, one count of Burglary in the First Degree and one count of Assault...

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